Uttarakhand High Court

CRLA/150/2021 on 1 May, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      IA 1/2021 (For Bail Application)
                                      In
                                      CRLA No. 150 of 2021


                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Lokendra Dobhal, learned counsel for the applicant.

2. Mr. Sandeep Sharma, learned A.G.A. for the State.

3. The appellant 'Swaraj Singh' has been convicted by the Special Sessions Judge, Tehri Garhwal by the judgment and order dated 8/9.03.2021 with the sentence of 10 years R.I. and fine of Rs. 1 lakh for the offence punishable under Section 8/15 of NDPS Act.

4. It is contended by the learned counsel for the appellant that the appellant was on bail during trial and he never misused the same and furthermore after conviction he is in jail and as on today he has completed 4 years 2 months 9 days and is in a long incarceration and since the appeal is of 2021, therefore, there are very remote chances for expediting the same.

5. Apart from this, he submits that in this trial in total four persons were convicted and two of them 'Aftab' and 'Saeed' have already been enlarged on bail by this court.

6. Learned State counsel have not disputed this fact that the other two co accused persons have already been enlarged on bail on the ground of long incarceration and have also not disputed this fact that this appellant is also suffered from long incarceration.

7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the appellant was on bail during trial and is in long incarceration since last more than four years, this court is of the view that the appellant deserves for bail.

8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.

9. Let the appellant 'Swaraj Singh' be released on bail during the pendency of instant criminal appeal on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. Realisation of fine shall also remain suspended.

10. List this matter in due course.

(Rakesh Thapliyal, J.) 01.05.2025 PR